title
Zoning Petition ZONING-24-000001 Cardinal Fence & Supply, Inc.
resolution
WHEREAS, a public hearing was held on February 7, 2024 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 2:30 P.M. before the DuPage County Zoning Hearing Officer and notice of said hearing was duly given; and
WHEREAS, a petition was presented at this hearing requesting the following zoning relief:
1. Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" (replacing current fence with new fence in same location).
2. Variation to allow a barbed-wire fence on the subject property (replacing current barbed wire with new barbed wire in same location), on the property hereinafter described:
LOTS 1, 2 AND 3 IN GLENN AND ELLEN DEVRIES SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 22, 1986 AS DOCUMENT R86-161658, IN DUPAGE COUNTY, ILLINOIS; and
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on February 7, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that he seeks to the subject zoning relief to replace a fifty (50) year old (possibly older) fence on the Public Storage property located at 28W650 ROOSEVELT ROAD, WINFIELD, IL 60190.
B. That petitioner testified that the existing fence is failing and that a new fence is needed on the property to protect and secure the property of their Public Storage customers.
C. That petitioner testified that they have approximately eight hundred (800) units, in addition to boat/RV storage.
D. That petitioner testified that a six (6) foot fence with one (1) foot of barbed-wire on top of the fence would be required to match what has been existing on the subject property for over fifty (50) years.
E. That petitioner testified that they required barbed-wire on top of the proposed fence due to consistent break-ins at the self-storage facility.
F. That petitioner testified that there is no on-site guard on the property, and that they only have a gated entryway and security video cameras monitoring the property.
G. That the Zoning Hearing Officer finds that petitioner demonstrated evidence for a practical difficulty for the subject property for a seven (7) foot tall fence, as the self-storage use has utilized an existing seven (7) foot fence approximately 3” from the property line since the 1960s, and that the protection from the fence is needed to secure the property held within the Public Storage facility.
H. That the Zoning Hearing Officer finds that petitioner has not demonstrated evidence for a practical difficulty or particular hardship to allow a barbed-wire fence on the subject property and that there are additional security alternatives other than barbed wire for the subject property.
STANDARDS FOR VARIATIONS (BARBED-WIRE FENCE)
*Per Zoning Code Section 37-1411.3
1. That the Zoning Hearing Officer finds that petitioner has not demonstrated that the granting of the Variation is in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County’s comprehensive plan for development.
2. That the Zoning Hearing Officer finds that petitioner has not demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or provided evidence that a barbed-wire fence will not impair an adequate supply of light and air to the adjacent properties, as it was not discussed at the public hearing.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or provided evidence that a barbed-wire fence will not increase the hazard from fire or other dangers, as it was not discussed at the public hearing.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided evidence that a barbed-wire fence will not diminish the value of land and buildings throughout the County, as it was not discussed at the public hearing.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has not demonstrated or provided evidence that a barbed-wire fence will not unduly increase traffic congestion in the public streets and highways, as it was not discussed at the public hearing.
e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated or provided evidence that a barbed-wire fence will not increase the potential for flood damages to adjacent properties, as it was not discussed at the public hearing.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated or provided evidence that a barbed-wire fence will not incur additional public expense for flood protection, rescue, or relief, as it was not discussed at the public hearing.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has not demonstrated or provided evidence that a barbed-wire fence will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County, as it was not discussed at the public hearing.
STANDARDS FOR VARIATIONS (NEW 7' FENCE FROM REQUIRED 40' SETBACK TO APPROXIMATELY 3”)
*Per Zoning Code Section 37-1411.3
1. That the Zoning Hearing Officer finds that petitioner has demonstrated that the granting of the Variation is in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County’s comprehensive plan for development.
2. That the Zoning Hearing Officer finds that petitioner has demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" will not impair an adequate supply of light and air to the adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" will not increase the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated the Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" will not diminish the value of land and buildings throughout the County and will be an added benefit to the surrounding area.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated the Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" will not unduly increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated the Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" will not incur additional public expense for flood protection, rescue, or relief.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has demonstrated the Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
|
GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-24-000001 Cardinal Fence & Supply, Inc. |
|
ZONING REQUEST |
1. Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" (replacing current fence with new fence in same location). 2. Variation to allow a barbed-wire fence on the subject property (replacing current barbed wire with new barbed wire in same location). |
|
OWNER |
STORAGE TRUST PROPERTIES, 28W650 ROOSEVELT ROAD, WINFIELD, IL 60190 / STORAGE TRUST PROPERTIES, ATTN DEPT PT IL28163, PO BOX 2, GLENDALE, CA 91201-5025 / AGENT: CARDINAL FENCE AND SUPPLY, INC., 1025 INDSUTRIAL DRIVE, BENSENVILLE, IL 60106 |
|
ADDRESS/LOCATION |
28W650 ROOSEVELT ROAD, WINFIELD, IL 60190 |
|
PIN |
04-14-302-018 / 04-14-302-019 / 04-14-302-020 |
|
TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
|
ZONING/LUP |
O-OFFICE |
LOCAL COMMERCIAL |
|
AREA |
5.61 ACRES (244,372 SQ. FT.) |
|
UTILITIES |
WATER / SEWER |
|
PUBLICATION DATE |
Daily Herald: JANUARY 23, 2024 |
|
PUBLIC HEARING |
WEDNESDAY, FEBRUARY 7, 2024 |
|
ADDITIONAL INFORMATION: |
|
Building: |
No Objections. |
|
DUDOT: |
Our office has no jurisdiction in this matter. |
|
Health: |
Our office has no jurisdiction in this matter. |
|
Stormwater: |
No Objections. |
|
Public Works: |
Our office has no jurisdiction in this matter. |
|
EXTERNAL: |
|
|
City of West Chicago: |
No Comments Received. |
|
Village of Winfield: |
No Comments Received. |
|
City of Warrenville: |
No Comments Received. |
|
Winfield Township: |
No Comments Received. |
|
Township Highway: |
Our office has no jurisdiction in this matter. |
|
Winfield Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 33: |
No Comments Received. |
|
Sch. Dist. 94: |
No Comments Received. |
|
Forest Preserve: |
“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable distance between the subject property and District property, we do not have any specific comments. Thank you.” |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
O-OFFICE |
SELF-STORAGE |
LOCAL COMMERCIAL |
|
North |
R-1 SF RES |
HOUSE |
LOCAL COMMERCIAL |
|
South |
ROOSEVELT ROAD AND BEYOND B-2 GENERAL BUSINESS |
COMMERCIAL |
LOCAL COMMERCIAL |
|
East |
O-OFFICE |
HOUSE |
LOCAL COMMERCIAL |
|
West |
O-OFFICE |
COMMERCIAL |
LOCAL COMMERCIAL |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on February 7, 2024, recommends to bifurcate the following zoning relief:
Variation to allow a barbed-wire fence on the subject property (replacing current barbed wire with new barbed wire in same location).
ZHO Recommendation to Deny
Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" (replacing current fence with new fence in same location).
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s side plan made part of Zoning Petition #ZONING-24-000001 Cardinal Fence & Supply, Inc dated February 7, 2024.
2. That the owner/developer is to apply for and receive a building permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZHO Recommendation to Approve
WHEREAS, the County Board Development Committee on April 2, 2024, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and recommends to bifurcate the following zoning relief:
Variation to allow a barbed-wire fence on the subject property (replacing current barbed wire with new barbed wire in same location).
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 5 Nays, 1 Absent
Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" (replacing current fence with new fence in same location).
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s side plan made part of Zoning Petition #ZONING-24-000001 Cardinal Fence & Supply, Inc dated February 7, 2024.
2. That the owner/developer is to apply for and receive a building permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to reduce the front yard setback for a new 7' fence from required 40' to approximately 3" (replacing current fence with new fence in same location).
LOTS 1, 2 AND 3 IN GLENN AND ELLEN DEVRIES SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 22, 1986 AS DOCUMENT R86-161658, IN DUPAGE COUNTY, ILLINOIS; and
The Zoning Relief is subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s side plan made part of Zoning Petition #ZONING-24-000001 Cardinal Fence & Supply, Inc dated February 7, 2024.
2. That the owner/developer is to apply for and receive a building permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
BE IT FURTHER ORDAINED by the County Board of DuPage County, Illinois that should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid; and
BE IT FURTHER ORDAINED that a certified copy of this Ordinance be transmitted by the County Clerk to the DuPage County Finance Department; DuPage County Auditor; DuPage County Treasurer; Paul J. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; STORAGE TRUST PROPERTIES, 28W650 ROOSEVELT ROAD, WINFIELD, IL 60190 / STORAGE TRUST PROPERTIES, ATTN DEPT PT IL28163, PO BOX 2, GLENDALE, CA 91201-5025 / AGENT: CARDINAL FENCE AND SUPPLY, INC., 1025 INDSUTRIAL DRIVE, BENSENVILLE, IL 60106; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
,
end
Enacted and approved this 9th day of April, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK